Effective	17AUG2020
Filed	17AUG2020
Filing Codes	IC

All cargo transported under the rates, charges, terms and conditions named
in this Tariff shall be held, carried and delivered SBJ to the provisions
of Carrier's applicable Long Form B\L, the terms and conditions of which 
are shown below.
     
a. When issued, all B/Ls MUST show the name and address of both the
   Shipper/Consignor and the Consignee; the total weight and total
   measurement of each piece, package or unit of cargo in the shipment,
   except in the case of FCL shipments, only the total shipment weight and
   measurement must be shown; and on shipments consigned "TO ORDER," the
   name and address of the party to be notified MUST also appear.
     
b. Shippers/Consignors requiring that the Original B/L, properly endorsed,
   be surrendered to the Carrier before delivery is accomplished, MUST
   secure an ORDER B/L.
     
c. The Terms and Conditions of Carrier's regular long form B/L are as
   follows:
     
                 Combined Transport Bill of Lading
  
Notwithstanding the heading "Combined Transport Bill of Lading," the
provisions set out and referred to in this document shall also apply
if the transport as described on the face of the Bill of Lading is
performed by one mode of transport only. These provisions constitute
a contract between Merchant and Carrier and may be used by Carrier
only with the consent of the National Customs Brokers and Forwarders
Association of America, Inc.
  
(1) CLAUSE PARAMOUNT:
All carriage under this Bill of Lading to or from the United States
shall have effect subject to the provisions of the Carriage of Goods
by Sea Act of the United States, 46 U.S.C. sections 1300-1315
(hereafter, "COGSA"). All carriage to and from other States shall be
governed by the law of any state making the Hague Rules or
Hague-Visby Rules compulsorily applicable to this Bill of Lading or
if there be no such law, in accordance with the Hague Rules. The
provisions of applicable law as set forth above shall apply to
carriage of goods by inland waterways and reference to carriage by
sea in such Rules or legislation shall be deemed to include reference
to inland waterways. Except as may be otherwise specifically provided
herein, said law shall govern before the goods are loaded on and
after they are discharged from the vessel whether the goods are
carried on deck or under deck and throughout the entire time the
goods are in the custody of the carrier.
  
(2) DEFINITIONS:
  2.1 "Ship" means the vessel named in this Bill of Lading, or any
conveyance owned, chartered, towed or operated by Carrier or used by
Carrier for the performance of this contract.
  
  2.2 "Carrier" means Hawthorne Logistics LLC, on whose behalf this
Bill of Lading has been signed.
  
  2.3 "Merchant" includes the Shipper, the Receiver, the Consignor,
the Consignee, the Holder of this Bill of Lading and any person
having a present or future interest in the Goods or any person acting
on behalf of any of the above-mentioned persons.
  
  2.4 "Package" is the largest individual unit of partially or
completely covered or contained cargo made up by or for the Shipper
which is delivered and entrusted to Carrier, including palletized
units and each container stuffed and sealed by the Shipper or on its
behalf, although the Shipper may have furnished a description of the
contents of such sealed container on this bill of lading.
  
  2.5 "Container" includes any container, trailer, transportable
tank, lift van, flat, pallet, or any similar article of transport
used to consolidate goods.
  
  2.6 "Carrier's container or carrier's equipment" includes
containers or equipment owned, leased or used by Carrier in the
transportation of Merchant's goods.
  
  2.7 "Goods" mean the cargo described on the face of this Bill of
Lading and, if the cargo is packed into container(s) supplied or
furnished by or on behalf of the Merchant, include the container(s)
as well.
  
(3) SUBCONTRACTING:
Carrier shall be entitled to subcontract directly or indirectly on
any terms the whole or any part of the handling, storage, or carriage
of the goods and all duties undertaken by Carrier in relation to the
goods. Every servant, agent, subcontractor (including
sub-subcontractors), or other person whose services have been used to
perform this contract shall be entitled to the rights, exemptions
from, or limitations of, liability, defenses and immunities set forth
herein. For these purposes, Carrier shall be deemed to be acting as
agent or trustee for such servants, agents, subcontractors, or other
persons who shall be deemed to be parties to this contract.
  
(4) ROUTE OF TRANSPORT:
Carrier is entitled to perform the transport in any reasonable manner
and by any reasonable means, methods and routes. The Ship shall have
the liberty, either with or without the goods on board, to at any
time, adjust navigational instruments, make trial trips, dry dock, go
to repair yards, shift berths, take in fuel or stores, embark or
disembark any persons, carry contraband and hazardous goods, sail
with or without pilots and save or attempt to save life or property.
Delays resulting from such activities shall not be deemed a
deviation.
  
(5) HINDRANCES AFFECTING PERFORMANCE:
  5.1 Carrier shall use reasonable endeavors to complete transport
and to deliver the goods at the place designated for delivery.
  
  5.2 If at any time the performance of this contract as evidenced by
this Bill of Lading in the opinion of Carrier is or will be affected
by any hindrance, risk, delay, injury, difficulty or disadvantage of
any kind, including strike, and if by virtue of the above it has
rendered or is likely to render it in any way unsafe, impracticable,
unlawful, or against the interest of Carrier to complete the
performance of the contract, Carrier, whether or not the transport is
commenced, may without notice to Merchant elect to:
     (a) treat the performance of this contract as terminated and
place the goods at Merchant's disposal at any place Carrier shall
deem safe and convenient, or
     (b) deliver the goods at the place of delivery.
  
In any event, Carrier shall be entitled to, and Merchant shall pay,
full freight for any goods received for transportation and additional
compensation for extra costs and expenses resulting from the
circumstances referred to above.
  
  5.3 If, after storage, discharge, or any actions according to
sub-part 5.2 above Carrier makes arrangements to store and/or forward
the goods, it is agreed that he shall do so only as agent for and at
the sole risk and expense of Merchant without any liability
whatsoever in respect of such agency.
  
  5.4 Carrier, in addition to all other liberties provided for in
this Article, shall have liberty to comply with orders, directions,
regulations or suggestions as to navigation or the carriage or
handling of the goods or the ship howsoever given, by any actual or
purported government or public authority, or by any committee or
person having under the terms of any insurance on the Ship, the right
to give such order, direction, regulation, or suggestion. If by
reason of and/or in compliance with any such order, direction,
regulation, or suggestions, anything is done or is not done the same
shall be deemed to be included within the contract of carriage and
shall not be a deviation.
   
(6) BASIC LIABILITY:
  6.1 Carrier shall be liable for loss of or damage to the goods
occurring between the time when it takes goods into its custody and
the time of delivery but shall not be liable for any consequential or
special damages arising from such loss or damage.
  
  6.2 If it is established that the loss of or damage to the goods
occurred during sea carriage or during carriage by land in the United
States, liability shall be governed by the legal rules applicable as
provided in Section 1 of this Bill of Lading.
  
  6.3 Notwithstanding Section 1 of this Bill of Lading, if the loss
or damage occurred outside of the United States not during sea
carriage and it can be proved where the loss or damage occurred, the
liability of Carrier in respect of such loss or damage shall be
determined by the provisions contained in any international
convention or national law, which provisions: cannot be departed from
by private contract to the detriment of Merchant, and would have
applied if Merchant had made a separate and direct contract with
Carrier in respect of the particular stage of transport where the
loss or damage occurred and received as evidence thereof any
particular document which must be issued in order to make such
international convention or national law applicable.
  
  6.4 If it cannot be determined when the loss of or damage to the
goods occurred, liability shall be governed as provided in Section
6.2 above.
   
  6.5 Carrier does not undertake that the goods shall be delivered at
any particular time or for any particular market and shall not be
liable for any direct or indirect losses caused by any delay.
  
  6.6 Carrier shall not be liable for any loss or damage arising
from: 
    (a) an act or omission of Merchant or person other than Carrier
acting on behalf of Merchant from whom Carrier took the goods in
charge,
    (b) compliance with the instructions of any person authorized to
give them,
    (c) handling, loading, stowage or unloading of the goods by or on
behalf of Merchant,
    (d) inherent vice of the goods or concealed damage to or shortage
of goods packed by Merchant,
    (e) lack or insufficiency of or defective condition of packing in
the case of goods, which by their nature are liable to wastage or
damage when not packed or when not properly packed,
    (f) insufficiency or inadequacy of marks or numbers on the goods,
coverings or unit loads,
    (g) fire, unless caused by actual fault or privity of Carrier,
    (h) any cause or event which Carrier could not avoid and the
consequences of which he could not prevent by the exercise of due
diligence.
  
  6.7 When Carrier pays claims to Merchant, Carrier shall
automatically be subrogated to all rights of Merchant against all
others, including Inland Carriers, on account of the losses or
damages for which such claims are paid.
  
  6.8 The defenses and limits of liability provided for in this Bill
of Lading shall apply in any action or claim against Carrier relating
to the goods, or the receipt, transportation, storage or delivery
thereof, whether the action be founded in contract, tort or
otherwise.
  
(7) COMPENSATION FOR LOSS AND DAMAGE:
  7.1 Unless otherwise mandated by compulsorily applicable law,
Carrier's liability for compensation for loss of or damage to goods
shall in no case exceed the amount of US$500 per package or per
customary freight unit, unless Merchant, with the consent of Carrier,
has declared a higher value for the goods in the space provided on
the front of this Bill of Lading and paid extra freight per Carrier's
tariff, in which case such higher value shall be the limit of
Carrier's liability. Any partial loss or damage shall be adjusted pro
rata on the basis of such declared value. Where a container is
stuffed by Shipper or on its behalf, and the container is sealed when
received by Carrier for shipment, Carrier's liability will be limited
to US$500 with respect to the contents of each such container, except
when the Shipper declares the value on the face hereof and pays
additional charges on such declared value as stated in Carrier's
tariff. The freight charged on sealed containers when no higher
valuation is declared by the Shipper is based on a value of US$500
per container. However, Carrier shall not, in any case, be liable for
an amount greater than the actual loss to the person entitled to make
the claim. Carrier shall have the option of replacing lost goods or
repairing damaged goods.
  
  7.2 In any case where Carrier's liability for compensation may
exceed the amounts set forth in Section 7.1 above, compensation shall
be calculated by reference to the value of the goods, according to
their current market price, at the time and place they are delivered,
or should have been delivered, in accordance with this contract.
  
  7.3 If the value of the goods is less than US$500 per package or
per customary freight unit, their value for compensation purposes
shall be deemed to be the invoice value, plus freight and insurance,
if paid.
  
  7.4 Carrier shall not be liable to any extent for any loss of or
damage to or in connection with precious metals, stones, or
chemicals, jewelry, currency, negotiable instruments, securities,
writings, documents, works of art, curios, heirlooms, or any other
valuable goods, including goods having particular value only for
Merchant, unless the true nature and value of the goods have been
declared in writing by Merchant before receipt of the goods by the
Carrier or Inland Carrier, the same is inserted on the face of this
Bill of Lading and additional freight has been paid as required.
  
  7.5 Carrier will not arrange for insurance on the goods except upon
express instructions from the Consignor and then only at Consignor's
expense and presentation of a declaration of value for insurance
purposes prior to shipment.
  
(8) DESCRIPTION OF GOODS AND INFORMATION FOR U.S. CUSTOMS:
Carrier is responsible for transmitting information to U.S. Customs
and Border Protection prior to lading of the Goods including, without
limitation, precise commodity descriptions, numbers and quantities of
the lowest external packaging unit, the shipper's complete name and
address, the consignee's or the owner's or owner's representative's
complete name and address, hazardous materials codes, and container
seal numbers. For this, and other purposes, Carrier relies on
information provided by Merchant in a timely fashion. Merchant
warrants to Carrier that all particulars of the goods, including,
without limitation, the precise descriptions, marks, number,
quantity, weight, seal numbers, identities of shipper and consignee
and hazardous materials codes furnished by Merchant are correct and
Merchant shall indemnify Carrier against all claims, penalties,
losses or damages arising from any inaccuracy.
   
(9) CARRIER'S CONTAINERS:
If goods are not received by Carrier already in containers, Carrier
may pack them in any type container. Merchant shall be liable to
Carrier for damage to Carrier's containers or equipment if such
damage occurs while such equipment is in control of Merchant or his
agents. Merchant indemnifies Carrier for any damage or injury to
persons or property caused by Carrier's containers or equipment
during handling by or when in possession or control of Merchant.
  
(10) CONTAINER PACKED BY MERCHANT:
If Carrier receives the goods already packed into containers:
  10.1 This Bill of Lading is prima facie evidence of the receipt of
the particular number of containers set forth, and that number only.
Carrier accepts no responsibility with respect to the order and
condition of the contents of the containers;
  
10.2 Merchant warrants that the stowage and seals of the containers
are safe and proper and suitable for handling and carriage and
indemnifies Carrier for any injury, loss or damage caused by breach
of this warranty;
  
  10.3 Delivery shall be deemed as full and complete performance when
the containers are delivered by Carrier with the seals intact; and
  
  10.4 Carrier has the right but not the obligation to open and
inspect the containers at any time without notice to Merchant, and
expenses resulting from such inspections shall be borne by Merchant;
and
  
  10.5 Merchant shall inspect containers before stuffing them and the
use of the containers shall be prima facie evidence of their being
sound and suitable for use.
  
(11) DANGEROUS GOODS:
  11.1 Merchant may not tender goods of a dangerous nature without
written application to Carrier and Carrier's acceptance of the same.
In the application, Merchant must identify the nature of the goods
with reasonable specificity as well as the names and addresses of the
shippers and consignees.
  
11.2 Merchant shall distinctly and permanently mark the nature of the
goods on the outside of the package and container in a form and
manner as required by law and shall submit to Carrier or to the
appropriate authorities all necessary documents required by law or by
Carrier for the transportation of such goods.
  
  11.3 If the goods subsequently, in the judgment of Carrier, become
a danger to Carrier, the Ship, or other cargo, Carrier may dispose of
the goods without compensation to Merchant and Merchant shall
indemnify Carrier for any loss or expenses arising from such action.
  
(12) DECK CARGO:
Carrier has the right to carry the goods in any container under deck
or on deck. Carrier is not required to note "on deck stowage" on the
face of this Bill of Lading and goods so carried shall constitute
under deck stowage for all purposes including General Average. Except
as otherwise provided by any law applicable to this contract, if this
Bill of Lading states that the cargo is stowed on deck, then Carrier
shall not be liable for any non-delivery, misdelivery, delay or loss
to goods carried on deck, whether or not caused by Carrier's
negligence or the ship's unseaworthiness.
  
(13) SOLAS WEIGHT CERTIFICATION:
Merchant acknowledges that it is required to provide verified weights
obtained on calibrated, certified equipment of all cargo that is to
be tendered to steamship lines.  Shipper agrees that Carrier is
entitled to rely on the accuracy of such weights and to counter-sign
or endorse it as Carrier's own certified weight to the steamship line
carrying the cargo.  The Merchant agrees that it shall indemnify and
hold the Carrier harmless from any and all claims, losses, penalties
or other costs resulting from any incorrect or questionable
verification of the weight provided by Merchant or its agent or
contractor on which the Carrier relies.
  
(14) HEAVY LIFT:
  14.1 Single packages with a weight exceeding 2,240 pounds gross not
presented to Carrier in enclosed containers must be declared in
writing by Merchant before receipt of the packages by Carrier. The
weight of such packages must be clearly and durably marked on the
outside of the package in letters and figures not less than two
inches high.
  
  14.2 If Merchant fails to comply with the above provisions, Carrier
shall not be liable for any loss of or damage to the goods, persons
or property, and Merchant shall be liable for any loss of or damage
to persons or property resulting from such failure and Merchant shall
indemnify Carrier against any loss or liability suffered or incurred
by Carrier as a result of such failure.
  
  14.3 Merchant agrees to comply with all laws or regulations
concerning overweight containers and Merchant shall indemnify Carrier
against any loss or liability suffered or incurred by Carrier as a
result of Merchant's failure to comply with such laws or regulations.
  
(15) DELIVERY:
Carrier shall have the right to deliver the goods at any time at any
place designated by Carrier within the commercial or geographic
limits of the port of discharge or place of delivery shown in this
Bill of Lading. Carrier's responsibility shall cease when delivery
has been made to Merchant, any person authorized by Merchant to
receive the goods, or in any manner or to any other person in
accordance with the custom and usage of the port of discharge or
place of delivery. If goods should remain in Carrier's custody after
discharge from the ship and possession is not taken by Merchant,
after notice, within the time allowed in Carrier's applicable tariff,
the goods may be considered to have been delivered to Merchant or
abandoned at Carrier's option, and may be disposed of or stored at
Merchant's expense.
  
(16) NOTICE OF CLAIM:
Written notice of claims for loss of or damage to goods occurring or
presumed to have occurred while in the custody of Carrier must be
given to Carrier at the port of discharge before or at the time of
removal of the goods by one entitled to delivery. If such notice is
not provided, removal shall be prima facie evidence of delivery by
Carrier. If such loss or damage is not apparent, Carrier must be
given written notice within 3 days of the delivery.
  
(17) FREIGHT AND CHARGES:
  17.1 Freight may be calculated on the basis of the particulars of
the goods furnished by Merchant, who shall be deemed to have
guaranteed to Carrier the accuracy of the contents, weight, measure,
or value as furnished by him at the time of receipt of the goods by
the Carrier or Inland Carrier, but Carrier for the purpose of
ascertaining the actual particulars may at any time and at the risk
and expense of Merchant open the container or package and examine
contents, weight, measure, and value of the goods. In case of
incorrect declaration of the contents, weight, measure and or value
of the goods, Merchant shall be liable for and bound to pay to
Carrier:
    (a) the balance of freight between the freight charged and that
which would have been due had the correct details been given, plus   
    (b) expenses incurred in determining the correct details, plus   
    (c) as liquidated and ascertained damages, an additional sum
equal to the correct freight. Quotations as to fees, rates of duty,
freight charges, insurance premiums or other charges given by Carrier
to Merchant are for informational purposes only and are subject to
change without notice and shall not under any circumstances be
binding upon Carrier unless Carrier in writing specifically
undertakes the handling of transportation of the shipment at a
specific rate and that rate is filed in Carrier's tariff.
  
  17.2 Freight shall be deemed earned on receipt of goods by Carrier,
the goods lost or not lost, whether the freight is intended to be
prepaid or collected at destination. Payment shall be in full and in
cash without any offset, counterclaim, or deduction, in the currency
named in this Bill of Lading, or another currency at Carrier's
option. Interest at 1% per month shall run from the date when freight
and charges are due. Payment of freight charges to a freight
forwarder, broker or anyone other than directly to Carrier shall not
be deemed payment to the Carrier. Merchant shall remain liable for
all charges hereunder notwithstanding any extension of credit to the
freight forwarder or broker by Carrier. Full freight shall be paid on
damaged or unsound goods.
  
  17.3 Merchant shall be liable for all dues, fees, duties, fines,
taxes and charges, including consular fees, levied on the goods.
Merchant shall be liable for return freight and charges on the goods
if they are refused export or import by any government. Merchant
shall be liable for all demurrage, detention or other charges imposed
on the goods or their containers by third parties.
  
  17.4 The Shipper, consignee, holder hereof, and owner of the goods,
and their principals, shall be jointly and severally liable to
Carrier for the payment of all freight and charges, including
advances and shall, in any referral for collection or action for
monies due to Carrier, upon recovery by Carrier, pay the expenses of
collection and litigation, including reasonable attorneys' fees. This
provision shall apply regardless of whether the front of this bill of
lading has been marked "prepaid" or "freight prepaid" so long as
freight and charges remain unpaid.
  
  17.5 The Shipper, consignee, holder hereof, and owner of the goods,
and their principals, shall jointly and severally indemnify Carrier
for all claims, fines, penalties, damages, costs and other amounts
which may be incurred or imposed upon Carrier by reason of any breach
of any of the provisions of this Bill of Lading or of any statutory
or regulatory requirements.
  
(18) LIEN:
Carrier shall have a lien on any and all property (and documents
relating thereto) of Merchant in its actual or constructive
possession, custody or control or en route, which lien shall survive
delivery, for all claims for charges, expenses or advances incurred
by Carrier in connection with this shipment, or any previous
shipment, of Merchant, or both, which lien shall survive delivery,
and if such claim remains unsatisfied for 30 days after demand for
its payment is made, Carrier may sell at public auction or private
sale, upon 10 days written notice, registered mail to Merchant, the
goods, wares and/or merchandise or so much as may be necessary to
satisfy such lien and the costs of recovery, and apply the net
proceeds of such sale to the payment of the amount due Carrier. Any
surplus from such sale shall be transmitted to Merchant, and Merchant
shall be liable for any deficiency in the sale.
  
(19) TIME BAR:
    Carrier shall be discharged from all liability for loss of or
damage to goods unless suit is brought within one (1) year after
delivery of the goods or the date when the goods should have been
delivered. Suit shall not be deemed brought against Carrier until
jurisdiction shall have been obtained over Carrier by service of
summons. The time bar for overcharge claims shall be 36 months.
  
(20) JURISDICTION:
The courts of The United States shall have exclusive jurisdiction
over any dispute arising from the carriage evidenced by this Bill of
Lading. Merchant and Carrier each hereby agree to the personal
jurisdiction of the forum having jurisdiction over their disputes
under this clause. Except as otherwise provided in this Bill of
Lading, the laws of the State of Delaware shall apply.
  
(21) GENERAL AVERAGE:
  21.1 General Average shall be adjusted at New York, or any other
port at Carrier's option, according to the York-Antwerp Rules of
1994. The General Average statement shall be prepared by adjusters
appointed by Carrier.
  
  21.2 In the event of accident, damage, danger or disaster after
commencement of the voyage resulting from any cause whatsoever,
whether due to negligence or not, for the consequence of which
Carrier is not responsible by statute, contract or otherwise,
Merchant shall contribute with Carrier in General Average to the
payment of any sacrifice, loss or expense of a General Average nature
that may be made or incurred, and shall pay salvage or special
charges incurred in respect of the goods. If a salving vessel is
owned or operated by Carrier, salvage shall be paid for as fully as
if the salving vessel or vessels belonged to strangers.
  
(22) BOTH-TO-BLAME COLLISION CLAUSE:
If the ship comes into collision with another vessel as a result of
negligence of the other vessel and any negligence or fault on the
part of Carrier or its servants or subcontractors, Merchant shall
indemnify Carrier against all loss or liability to the other or
non-carrying vessel or her owners, insofar as such loss or liability
represents loss of, or damage to, or any claim whatsoever of Merchant
paid or payable by the other or non-carrying vessel or her owners to
Merchant and set-off, recouped or recovered by the other or
non-carrying vessel or her owners as part of their claim against the
carrying ship or her owner. This provision shall apply as well where
the owners, operators or those in charge of any ship or ships or
objects other than, or in addition to, the colliding ships or objects
are at fault with respect to a collision or contact.
  
(23) FORCE MAJEURE:
Company shall not be liable for losses, damages, delays, wrongful or
missed deliveries or nonperformance, in whole or in part, of its
responsibilities under the Agreement, resulting from circumstances
beyond the control of either Company or its sub -contractors,
including but  not limited to: (i) acts of God, including flood,
earthquake, tornado, storm, hurricane, power failure, epidemic or
other severe health crisis, or other natural disaster; (ii) war,
hijacking, robbery,  theft or  terrorist activities; (iii) incidents
or  deteriorations to means of transportation, (iv) embargoes, (v)
civil commotions or riots, (vi) defects, nature or inherent vice of
the goods; (vii) acts, breaches of contract or omissions by Customer,
Shipper, Consignee or anyone else who may have an interest in the
shipment, (viii) acts by any government or any agency or subdivision
thereof, including denial or cancellation of any import/export or
other necessary license; or (ix) strikes, lockouts or other labor
conflicts. In such event, Company reserves the right to amend any
tariff or negotiated freight or logistics rates, on one day's notice,
as necessary to provide the requested service.
  
(24) CARRIERS' TARIFFS:
The goods carried under this Bill of Lading are also subject to all
the terms and conditions of tariff(s) published pursuant to the
regulations of the United States Federal Maritime Commission or any
other regulatory agency which governs a particular portion of the
carriage and the terms are incorporated herein as part of the terms
and conditions of this Bill of Lading. Copies of Carriers' tariffs
may be obtained from Carrier or its agents or from Carriers' website,
the address of which is set forth on the U.S. Federal Maritime
Commission's website at www.fmc.gov. Carrier may enter into
Negotiated Rate Arrangements with Merchant in lieu of publishing the
applicable rates and charges for services provided in its rate
tariff.
  
(25) PERISHABLE CARGO:
  25.1 Goods of a perishable nature shall be carried in ordinary
containers without special protection, services or other measures
unless there is noted on the reverse side of this Bill of Lading that
the goods will be carried in a refrigerated, heated, electrically
ventilated or otherwise specially equipped container or are to
receive special attention in any way. Carrier shall not be liable for
any loss of or damage to goods in a special hold or container arising
from latent defects, breakdown, or stoppage of the refrigeration,
ventilation or heating machinery, insulation, ship's plant, or other
such apparatus of the vessel or container, provided that Carrier
shall before or at the beginning of the transport exercise due
diligence to maintain the special hold or container in an efficient
state.
  
  25.2 Merchant undertakes not to tender for transportation any goods
that require refrigeration without given written notice of their
nature and the required temperature setting of the thermostatic
controls before receipt of the goods by Carrier. In case of
refrigerated containers packed by or on behalf of Merchant, Merchant
warrants that the goods have been properly stowed in the container
and that the thermostatic controls have been adequately set before
receipt of the goods by Carrier.
  
  25.3 Merchant's attention is drawn to the fact that refrigerated
containers are not designed to freeze down cargo which has not been
presented for stuffing at or below its designated carrying
temperature. Carrier shall not be responsible for the consequences of
cargo tendered at a higher temperature than that required for the
transportation.
  
  25.4 If the above requirements are not complied with, Carrier shall
not be liable for any loss of or damage to the goods whatsoever.
  
(26) SEVERABILITY:
The terms of this Bill of Lading shall be severable, and, if any part
or term hereof shall be held invalid, such holding shall not affect
the validity or enforceability of any other part or term hereof.
  
(27) VARIATION OF THE CONTRACT:
This contract supersedes all prior agreement between the parties with
respect to its subject matter. No servant or agent of Carrier shall
have power to waive or vary any of the terms hereof unless such
variation is in writing and is specifically authorized or ratified in
writing by Carrier.

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